There are situations where a person takes or drives a vehicle belonging to someone else but does not intend to permanently steal the vehicle. This offense of unlawful taking or driving of a vehicle pursuant to California Vehicle Code Section 10851 VC, more commonly referred to as joyriding, is considered to be less serious than grand theft auto under California Penal Code Section 487(d)(1) PC. However, joyriding is still a criminal offense that can carry significant penalties for those convicted.

To prove a defendant is guilty of unlawful taking or driving of a vehicle, a prosecutor must be able to establish the following elements:

The defendant took or drove someone else’s vehicle without the owner’s consent

AND when the defendant did so, he or she intended to deprive the owner of possession or ownership of the vehicle for any period of time.

In any prosecution for this offense, the fact that the owner of a vehicle may have previously consented to the defendant or another person taking or driving the vehicle would not be a defense to the crime of unlawful taking or driving of the vehicle for the current offense.

A man notices that his neighbor has purchased a brand new sports car, which he keeps parked in his driveway. One day the man notices the keys in the ignition of the vehicle and decides to take the car for a quick drive around the block. He does not intend to steal the vehicle, but only wants to see how it handles. The man would not be guilty of grand theft auto under California Penal Code Section 487(d)(1) PC because he did not intend to permanently deprive the owner of his vehicle. However he could be prosecuted for unlawful taking or driving of a vehicle under California Vehicle Code Section 10851 VC. Moving a vehicle for even a small distance without the owner’s consent would qualify as a taking under the joyriding statute.

In another example, a man has previously been given permission to borrow his friend’s car. One day, the man needs to borrow the car but cannot find his friend. The man knows where his friend keeps a spare key, so he takes the vehicle without the friend’s consent and returns the vehicle later that day. The man could be found guilty of unlawful taking of a vehicle and the fact that the friend had previously allowed him to use the vehicle would not be a defense.

4. Defenses to Unlawful Taking or Driving of a Vehicle

If the defendant had the owner’s permission or consent to take the vehicle on that specific occasion, he or she would not be guilty of this offense. Additionally, if the defendant had a legitimate claim of right to the vehicle, there would be no criminal liability.

There may be situations in which a person is required to temporarily borrow a vehicle due to a sudden emergency. In these situations, the defendant may have a valid necessity defense if he or she is charged criminally with unlawful taking or driving of a vehicle.

5. Penalties

Unlawful taking or driving of a vehicle is a “wobbler” offense that can be filed by prosecutors as either a felony or a misdemeanor. If filed as a felony, the maximum penalty one could receive is three years in prison. If charged as a misdemeanor, the maximum penalty is a year in jail.

If the vehicle involved in the joyriding offense was an ambulance on an emergency call, a marked law enforcement or firefighting vehicle or a vehicle used for the transport of disabled persons, this offense is always a felony that is punishable by up to four years in prison.

6. Criminal Defense for Unlawful Taking or Driving of a Vehicle Cases

If you or someone you know have been charged with unlawful taking or driving of a vehicle, it is very important that you meet with a Los Angeles Criminal Defense Attorney as soon as possible. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who has both prosecuted and defended individuals charged with joyriding offenses. Mr. Kraut is renowned throughout the court system as a top-notch litigator who fights passionately on behalf of his clients.

Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas

★★★★★

I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad

★★★★★

Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida

★★★★★

Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche

★★★★★

Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.